Background
A consumer court has issued notices to Bollywood actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff over their endorsements of a pan masala brand, following allegations that the advertisement misled consumers. The case was filed by a consumer rights activist who argued that such advertisements promote harmful products while misleading the public about their nature and potential health risks.
The complaint specifically raises concerns about surrogate advertising, where pan masala brands often use products like elaichi (cardamom) as a cover for tobacco-based promotions. The petition contends that celebrities have a responsibility to ensure that the products they endorse do not mislead consumers or promote harmful consumption habits.
Court’s Observations and Rationale
The consumer court took cognizance of the complaint and issued notices to the actors, seeking their response. The court considered the following factors in its decision:
- Influence of Celebrity Endorsements
- The court noted that celebrities, especially those with mass appeal, have a significant influence on consumer behavior.
- Advertisements featuring well-known personalities can lead people to believe that a product is safe or beneficial, even if it carries health risks.
- Allegations of Surrogate Advertising
- The complaint pointed out that pan masala brands often market non-tobacco variants like elaichi, but the real intent is to associate their brand name with tobacco-related products.
- The court observed that if the advertisement was found to be misleading or deceptive, it could violate consumer protection laws.
- Legal Responsibility of Endorsers
- Under the Consumer Protection Act, 2019, celebrities endorsing a misleading product can be held accountable.
- The law mandates that endorsers conduct due diligence before promoting a product to avoid misleading consumers.
- Impact on Public Health
- The court considered the health implications of pan masala consumption, which is often linked to serious conditions like oral cancer.
- The role of celebrities in influencing public perception of such products was highlighted as a key concern.
Implications of the Case
- For the Celebrities – Shah Rukh Khan, Ajay Devgn, and Tiger Shroff may be required to justify their endorsements and could face legal consequences if the advertisement is deemed misleading.
- For Consumer Protection Laws – This case could set a precedent for stricter enforcement of advertising regulations, particularly regarding surrogate marketing.
- For Pan Masala Advertisements – Brands may face increased scrutiny over how they market their products, particularly if they use non-tobacco variants to indirectly promote tobacco consumption.
Conclusion
The consumer court’s notice signals a growing crackdown on misleading advertisements and the role of celebrity endorsements in promoting potentially harmful products. With stricter consumer protection laws in place, the case could have significant ramifications for both advertisers and brand ambassadors, reinforcing the need for ethical and responsible endorsements in the industry.